# Ala. Code § 36-12-40: Section 36-12-40 Rights of Citizens to Inspect and Copy Public Writings; Exceptions

> Alabama · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-40

## Section

- **Citation:** Ala. Code § 36-12-40
- **Heading:** Section 36-12-40 Rights of Citizens to Inspect and Copy Public Writings; Exceptions
- **Jurisdiction:** Alabama
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alabama Code / Title 36 / Chapter 12 / Section 36-12-40

## Text

(a) Every resident has a right to inspect and take a copy of any public record of this state, except as otherwise expressly provided by applicable law. Provided however, registration and circulation records and information concerning the use of the public, public school, or college and university libraries of this state shall be exempted from this section. Provided further, any parent of a minor child shall have the right to inspect the registration and circulation records of any school or public library that pertain to his or her child. Notwithstanding the foregoing, records concerning security plans, procedures, assessments, measures, or systems, and any other records relating to, or having an impact upon, the security or safety of persons, structures, facilities, or other infrastructures, including without limitation information concerning critical infrastructure, as defined at 42 U.S.C. § 5195c(e), and critical energy infrastructure information, as defined at 18 C.F.R. § 388.113(c)(1), the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare, and records the disclosure of which would otherwise be detrimental to the best interests of the public shall be exempted from this section. Any public officer who receives a request for records that may appear to relate to critical infrastructure or critical energy infrastructure information, shall notify the owner of such infrastructure in writing of the request and provide the owner an opportunity to comment on the request and on the threats to public safety or welfare that could reasonably be expected from public disclosure of the records.

(b) For purposes of this article, the judicial branch of state government and any office identified in Article VI of the Constitution of Alabama of 2022, are exempted from the requirements of Sections 36-12-43 through 36-12-45.

## Nearby sections

- [Ala. Code § 36-12-1 Section 36-12-1 Public Officer or Servant Defined](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-1.md)
- [Ala. Code § 36-12-2 Section 36-12-2 Public Officers and Servants to Accurately Maintain and Preserve from Loss, Destruction, Etc., Complete Books, Papers, Files, Etc](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-2.md)
- [Ala. Code § 36-12-3 Section 36-12-3 Permanence and Uniformity in Size, Style, Etc., of Books, Papers, Files, Etc., Required; Factors in Selection of Record Books, Writing Paper, Inks, Typewriter Ribbons, Etc](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-3.md)
- [Ala. Code § 36-12-4 Section 36-12-4 Public Officers and Servants to Deliver Current Papers, Books, Etc., to Successors in Office](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-4.md)
- [Ala. Code § 36-12-5 Section 36-12-5 Disposition of Books, Papers, Etc., When No Longer Current](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-5.md)
- [Ala. Code § 36-12-20 Section 36-12-20 Papers, Property, Etc., to Be Delivered to Successor Upon Vacation of Office](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-20.md)
- [Ala. Code § 36-12-21 Section 36-12-21 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Filing of Complaint; Issuance of Order to Person Refusing, Etc., to Deliver Papers, Etc., to Show Cause Why Delivery of Same Should Not Be Compelled](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-21.md)
- [Ala. Code § 36-12-22 Section 36-12-22 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Hearing; Termination of Proceedings Against Person Charged with Withholding Papers, Property, Etc., Upon Making of Affidavit](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-22.md)
- [Ala. Code § 36-12-23 Section 36-12-23 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Imprisonment of Person Charged with Withholding Papers, Property, Etc., Upon Failure to Make Affidavit, Etc](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-23.md)
- [Ala. Code § 36-12-24 Section 36-12-24 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Issuance of Warrant for Search and Seizure of Papers, Property, Etc., Upon Failure of Person Charged with Withholding Same to Make Affidavit, Etc](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-24.md)
- [Ala. Code § 36-12-25 Section 36-12-25 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Examination of Papers, Property, Etc., Upon Seizure and Delivery Thereof to Complainant](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-25.md)
- [Ala. Code § 36-12-26 Section 36-12-26 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Upon Death of Incumbent, Etc](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-26.md)
- [Ala. Code § 36-12-40 Section 36-12-40 Rights of Citizens to Inspect and Copy Public Writings; Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-40.md)
- [Ala. Code § 36-12-41 Section 36-12-41 Copies of Public Records to Be Provided Upon Request and Payment of Fees](https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-41.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AL_T36_C12_S36-12-40. Check the current official text before relying on it. Not legal advice.
